DEMAND LETTER- XXX

by | Nov 22, 2021 | Appeal Letter

DEMAND LETTER

[Your Address]

Date: [ENTER DATE]

[The Recipients’ Address]

Re: COMPLAINT ABOUT YOUR BEHAVIOR

Dear XXX:


I am writing about the mean, malicious, defamatory, and discriminatory conduct that my daughter and I experience from you. 

I want to state that I find you at fault for subjecting my daughter to such treatment, whose details are outlined below. Further, the said conduct has primarily affected me as well. 

It follows, this letter notifies you of your liability regarding the said conduct(s). Thereby, I demand that you make good your liabilities as discussed below. 

(I have all relevant evidence on all the facts alleged herein.)    

I

FACTUAL BACKGROUND

I will give a chronological outline of events, which will provide a basis for my claims.

  1. This matter is largely related to the strained relationship that exists between Amanda (My stepdaughter) and I. Unfortunately, you have been dragged into the conflict.
  2. Your involvement in this matter began where Amanda influenced you to join her in preventing XXX from accessing and using Stormy (the horse).
  3. My daughter is entitled to the horse. On or about XXXX, Kam, the coach, said that Stormy (whose name at that time was Reggie) is best fit for her. With XXXX went to shows and won with it. Unfortunately, during that time, someone hid XXXX bridle from my daughter so she would not handle it. Clearly, the perpetrator tried to push XXX and me out. This shows that XXX began using Stormy before you.
  4. On or about XXX, Kam took my daughter to a show. You and Candace came to XXX lesson to touch the horse during the lesson. You tried to scare her away by using Stormy. XXX  and the Front desk witnessed the incidence. I initiated a complaint, but they did nothing about it.
  1. On or about XXX, you, Amanda, and Candence, and other kids were having a meeting in the CRT office. Sadly, XXXX, coach XXX and I were chased away from the meeting. On the next day, XXXX locker was broken into. The culprits broke her bridle. I reported the matter to the police. After that, my daughter was given exclusive use of Stormy.
  2. Incidental to the incident mentioned above, you wrote a hateful post against my community. You did that because Amanda wanted to grant you exclusive use of Stormy. In the post, that targeted 1000 followers in my community, you intended to hurt or bring the hate towards Madison.  
  3. As a result of your post, three coaches refused to coach my daughter. Also, Madison’s friends from the other barns started distancing her. 
  1. Further, the kids in CRT know of the happenings. I am afraid they may use that to bully Madison, who is only ten years old now.

II

DEFAMATION

  1.  In Canada, defamation is any communication that lowers the reputation or esteem of the victim. The court described it as “… a shameful action is attributed to a man …, a shameful character …, a shameful course of action (he lives on the avails of prostitution), (or) a shameful condition. Such words are considered defamatory because they tend to bring the man named into hatred, contempt, or ridicule. The more modern definition (of defamation) is words tending to lower the plaintiff in the estimation of right-thinking members of society generally….“
  1.  Defamation happens when the said comment is published on a third party. Per Galey, On Libel and Slander, “… the gist of the torts of libel and slander is the publication of matter (usually words) conveying a defamatory imputation…”. Further, the courts base the judgement on the “right-thinking person standard”.
  2. The perpetrator has to prove that the statement they made about the victim was fair comment. In WIC Radio Ltd. v. Simpson, the court held that fair comment includes a matter: of public interest; based on fact; recognizable as a comment; reasonable; free of actual malice. 
  1.  If someone is found liable of defamation, compensatory and punitive damages may be awarded. Punitive damages are awarded when the defamation is particularly outrageous or severe and can be in the thousands or even hundreds of thousands of dollars. The court can also order that there be no further publications of the defamatory material.
  • Your action(s) perfectly befit defamation. Your posts directly and indirectly spoiled the image and character of Madison. 

III

DISCRIMINATION

  1. Canada’s anti-discrimination law lists the following prohibited grounds for discrimination: “… race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability… “.  
  1. The law provides that anybody who commits either of the aforementioned prohibited acts is liable for discrimination. The law provides in this regard that, “… For greater certainty, a discriminatory practice includes a practice based on one or more prohibited grounds of discrimination or the effect of a combination of prohibited grounds…”. 
  2. Specifically, denial of service or facilities based on a prohibited ground amounts to discrimination. Further, Section 14 of Canada’s Human Rights Act prohibits harassment in the provision of services. 
  3. The law further authorizes an individual who is discriminated against to bring a complaint against the perpetrator.
  4. Under Section 53 of the Canadian Human Rights Act, a victim of discrimination is entitled to the following remedies: the person causing the discrimination should take measures to redress the said discriminatory act(s), make available the rights demanded by the victim, compensate the victim for any loss or damage they faced as a result of the discriminatory act.
  5.  It follows; you are liable for a violation of the anti-discriminatory law. The post you made indicates that you feel more entitled to the horse than Madison. Up to now, you have shown no signs of remorse for your conduct. Further, you joined Amanda in denying Madison the access and use of the horse.  

V

PARTICULARS OF INJURY/DAMAGE

  • Your conduct has caused much emotional damage to my daughter. It has also lowered her self-esteem.
  • I have also experienced a lot of mental torture as a result of the continued harassment over all the years. Currently, I cannot get enough sleep because I am afraid my daughter might be subjected to bullying now that the kids at CRT know what has been happening.
  •  As a result of your conduct, some of the mothers of the kids at the school ignore me. Some of them do not speak with me anymore.

VI

COMPENSATION

  1. For all of the injuries my daughter and I have gone through, consequential and incidental to the said actions, and to help prevent the same experience(s) happening to other individuals, I seek you make good your conduct(s) in the following manner: 
  1. THAT you cease and desist, forthwith, from doing any further action aimed at tainting Madison’s name.
  2. THAT you cease and desist, forthwith, from doing any further action aimed at hampering Madison’s experience at CRT. Notably, that you cease and desist from making any further posts in social media or any other avenue, that is directed at Madison or her use of the horse.
  3. THAT you issue a formal apology to Madison and me for ALL the conduct(s), you displayed against us.
  1. If you do not comply with this request, I will be forced to pursue legal action, which would be detrimental to you. 

Thank you for your prompt attention to this matter.

Sincerely,

________________

[Your Address]

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